Drugs And Alcohol In The Workplace: Key Policies And Legal Issues You Must Consider

SKU:

WC-1022852

Date / Time:

Recorded

Format:

Webinar

Description:

At some point, your organization will have to address the issue of an employee with a substance abuse problem—whether that employee is entry-level or the CEO. Unfortunately, many employers wait until the problem arises before developing policies around it, which can put both the company and employees at risk.

When maintaining drug and alcohol policies, employers have to consider ever-changing laws, such as the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), and even Department of Transportation regulations. For example, would you be found in violation of the ADA or FMLA for discharging an alcoholic driver? The answer might not be as clear-cut as you would expect.

It is critical that employers carefully craft their policies with laws and liability in mind and identify appropriate courses of action once a thorny scenario arises. Development and management of these policies will require teamwork among HR, safety, legal, and operations departments.

Consider, too, that marijuana usage has been legalized across nearly half the states, including the District of Columbia and four states, which approved the use of recreational marijuana. Safety managers and HR professionals understandably have questions about their rights to implement and enforce policies addressing medical or recreational marijuana usage.

You can’t afford to miss our in-depth webinar when attorney Susan Fahey Desmond, an experienced lawyer and author in the area of labor and employment law who has assisted companies of all sizes in evaluating their policies and practices in dealing with employees with drug or alcohol problems, will provide you with valuable insight on your obligations under FMLA and the ADA, including requirements for providing accommodations to employees requiring treatment and/or assistance.

Learning Objectives

The costs associated with addictions in the workplace

How to manage the risks associated with the legalization of marijuana across nearly half of the 50 states

Best practices for developing a drug and alcohol policy

Pros/cons of a random drug-testing policy

Why “zero tolerance” policies aren't always the best way to go

Special DOT rules with regard to alcoholism that you must consider

Legal concerns associated with an employee who reports to work “under the influence,” including what it means to be "under the influence” and, thus, not covered by the ADA

How FMLA protects employees who may need leave for treatment

When the ADA requires reasonable accommodation to one with an alcohol or drug problem

What to do when you suspect an on-the-job accident may have been caused by an employee “under the influence"

Training strategies for determining whether an employee is “under the influence”

About Your Presenter

Susan Fahey Desmond Shareholder Jackson Lewis

Attorney Susan Fahey Desmond, a shareholder with the law firm of Jackson Lewis which has offices in 59 cities across the country, represents management in labor and employment issues. She is a frequent speaker and author with regard to issues facing employers and frequently speaks on issues such as drugs and alcohol in the workplace, medical marijuana, discrimination in the workplace, sexual harassment, the Family and Medical Leave Act, and the Americans with Disabilities Act. Desmond is listed in Best Lawyers in America and has been named by Chambers USA as one of America’s leading business lawyers.

Ms. Desmond also routinely advises clients on a variety of employment practices, including employment contracts, workplace drugs and alcohol strategies and employee handbooks and policies. She conducts employee training seminars, harassment and safety investigations, and frequently speaks on employment-related topics for groups such as The Society for Human Resources Management, Audiosolutionz, The Training Center, and other management organizations.

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Licenses / Designations / Educational Credits:

PHR / SPHR Re-Certification CreditsAll US States: 1.5

About The Provider:

BLR® is the leader in helping organizations, and their employees, reduce safety, environmental and employment compliance-related legal exposure, stay on the right side of law, and achieve their full potential. We offer best-in-class compliance product and services that includes news, information & analysis, best practice guidance, employee training and turn-key tools delivered in a wide range of formats from online applications, live events and websites to books, CD's, Video, Posters and newsletters geared to all sized organizations and industries.